Head

Nancy Head and Michael D. Head appeal the judgment confirming an arbitration award in favor of Trabuco Highlands Community Association (the Association), an order denying the Heads’ motion to vacate the award, and an order denying the Heads relief under Code of Civil Procedure section 473. They contend: (1) the trial court erroneously found the arbitration was binding; (2) the court improperly found the Heads did not timely file a request for a trial de novo; (3) attorney fees were wrongly awarded to the Association; and (4) and the trial court abused its discretion by denying the Heads’ motion for reconsideration under section 473. We find the trial court inadequately addressed whether the arbitration was binding and reverse.

The Heads own property in Trabuco Canyon that is subject to conditions, covenants, and restrictions (CC&R’s) and is governed by the Association. The Heads and the Association agreed in correspondence to submit to nonbinding arbitration of a dispute over various alleged violations of the CC&R’s and delinquent assessment fees and noncompliance penalties the Association imposed on the Heads.

After the arbitration hearing, the arbitrator, Retired…